Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 241

When judge may enter finding of guilty or not guilty

241. When judge may enter finding of guilty or not guilty



(1) If, during trial, an accused is re-arraigned and pleads guilty to a charge
on the indictment, the trial judge may discharge the jury from delivering a
verdict on the charge and instead direct that an entry of guilty be made on
the record in respect of that charge.



(2) If-

   (a)  during trial the prosecution informs the trial judge that the
        prosecution proposes not to lead evidence on a charge on the
        indictment; or

   (b)  at the close of the case for the prosecution, the trial judge decides
        that there is no case for the accused to answer in respect of a charge
        on the indictment-

the trial judge may discharge the jury from delivering a verdict on the charge
and instead direct that an entry of not guilty be made on the record in
respect of that charge.

(3) An entry of guilty under subsection (1) or an entry of not guilty under
subsection (2) has the same effect as if it were the verdict of a jury on the
trial of the accused on that charge.

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Division 1-Hearing of charges for related and unrelated summary offences